Discussion: Conservative Mag National Review To Become Tax-Exempt Non-Profit

The Church of the Invisible Hand (insert Lowry/Palin joke)

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Until now, the magazine had been a not-for-profit business since its founding in 1955.

A ā€œnon-profit businessā€ or just an an unprofitable one? If it was previously just a regular corporation, it would be interesting to know how those ā€œcontributionsā€ to keep it running were handled from a tax-accounting perspective, and who got the benefit of any tax losses over the years.

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Great. Now ā€œAmericans For Prosperityā€ can completely OWN the National Review through their ā€œdonationsā€.
Call a Whore a Whore. That’s what they have become.

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What is the difference between a ā€˜non-profit’ and a ā€˜not-for-profit’ business? I don’t understand it.

There are businesses that are not-for-profit (I forget all the categories, but plenty of membership organizations, for example) but that aren’t nonprofit in the sense that you can make charitable donations to them and deduct the amount from your taxes. For that you need to be charitable, educational, religious…

Because nothing says serious opinion like a caricature of John Belushi.

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Richie lowry and his gaggle have bankrupted WFB’s pride and joy and they lost most of their readers 2 years ago…However do not know how this would fly with the IRS…Doubt it would make the cut!

This was my first thought.

60 years after it’s founding, all that time as a not-for-profit, all that time bleeding on average half a million adjusted dollars per year (according to a statement by founder W.F. Buckley in 2005), and then all of a sudden, as the impact of Mann’s lawsuit impends, it going from NFP to N-P?

There are a lot of similarities between NFPs and N-Ps, but that are some potentially important countervailing effects to consider.

NFPs are essentially indistinguishable from hobby interest groups for organizational, accounting and tax purposes. They can do pretty much whatever their boards allow their executives to do. For instance, Buckley could have, as he did, publicly announced his having founded NR as a platform for conducting and promoting conservative political discussion, policy positions and causes, then got bored or whatever and turned it solely towards promoting bow hunting.

In contrast, N-Ps must lay out a charter that, AOT, specifically articulates the organization’s purposes and an organizational structure to ensure the charter is adhered to. That requires those tasked with developing the charter to articulate some purpose that somehow ā€˜serves’ or ā€˜betters’ the community - the community as a whole, not just conservative policies and pols.

As a practical matter, typically that involves some negotiating with the IRS, on whether it’s prepared to recognize the stated purpose. The purpose could fall clearly in the tax code (not here tho), or fit the IRS’ functional approach (as say a First Amendment organization, but it’s not easy to match that with the magazine’s historical behavior), or if the purpose has already been accepted in some precedent (there are some that come to mind, tho none quite like NR), such as based on historical treatment of similar organizations or effectively by a court ruling.

NFT or N-P, makes no practical difference to an organization’s tax reporting as an organization. But it can have practical material differences to the tax reporting of its donors.

So far, the NR has been sustained by subscriptions and after-tax donations. Converting to N-P would cause some changes to, including possibly (I think likely) eliminating, the former, and allowing donors to deduct their donations from their taxable income.

Thus the second practical change: as N-Ps are to be held to not just their charters but their donors’ expectations that their donations will be honored by the IRS as legit, that tends to place some of the N-P’s governance outside of the control of the organization’s executive, and into the hands of its donors.

Indeed, IMO an organization like NR has been would only want to seriously consider converting from NFP to N-P if there’s a Hippo and Crocs problem: that is, if the streams and sources that sustain it are drying up. That would be consistent on the one hand with its subscription base having experienced pretty much the same adverse affect as the magazine industry as a whole by its product being essentially accessible free online while facing increasing competition in its own marketplace, and otherwise consistent with its donors dying like Buckley has, with potential replacements being increasingly oriented towards only contributing if there’s tax deduction involved (particularly corporations).

The third practical effect is that an N-P is going to be a helluva lot more difficult to take, reduce and convert as spoils of successful litigation, especially to convert it to one that’s largely antithetical to its goals and purposes.

I suspect Mann and his legal team will have some say in all this.

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touchƩ.

Why not turn it into a church magazine?

The publication was started by a CIA agent and the losses came out of the CIA budget. As far as I can see it is a part of the propaganda operation run by the CIA against the citizins of this great nation.